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TINA.org is helping the FTC crack down on Kardashian-esque influencers

(MARKETING NEWS) The Kardashians are just five of the seemingly endless amounts of influencers companies are using for marketing but TINA.org is over their tactics.

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A brand could find no better influencers than the Kardashians – the family who proved that you can get famous just for, well, being famous. Each Kardashian sister has an astronomical number of followers, making them obvious trendsetters.

That’s why brands pay the Kardashian sisters – Kourtney, Kim, Khloé, Kendall, and Kylie — tens of thousands of dollars a pop to post pictures of themselves on social media using their products.

Perhaps you find it hard to believe that the Kardashians stop by Popeye’s Chicken to grab a to-go meal before boarding their private jet. Regardless, the Kardashians, and the brands who pay them to pump their products, would prefer that you believe that these endorsements reflect the Kardashian’s actual preferences, rather than the paychecks they receive for posting them.

The Kardashians have been attempting to make their endorsements seem more “authentic” by totally disregarding Federal Trade Commission (FTC) rules that require influencers to disclose when their posts are paid endorsements.

In August of 2016, Truth in Advertising (TINA.org) filed a complaint about the Kardashians to the FTC, saying that the (in)famous sisters had “failed to clearly and conspicuously disclose material connections to brands or the fact that the posts were paid ads, as required by federal law.”

After receiving a finger-wagging from the FTC, the Kardashian sisters corrected less than half of the posts, generally by adding #ad to the post. The remaining posts, according to a recent TINA.org follow-up investigation, either have not been edited at all, or contain “insufficient disclosures.”

For example, some posts now read #sp to indicated “sponsored” – as if anyone knows that reference. In another tactic that also got Warner Brothers and YouTube influencer PewDiePie in trouble with the FTC, the Kardashians are posting their disclosure information at the bottom of a long post so that users will only see it if they click “see more.”

The Kardashians have also been posting disclosures, but only days after the original post. Considering that the vast majority of viewers comment on or like posts within the first ten hours after it’s published, most of them will never see the disclosure when it’s tacked on days later.

Some of the “repeat offender” brands, who came up both in last year’s complaint and in the recent review, include Puma, Manuka Doctor, Jet Lux, Fit Tea, and Sugar Bear Hair. This time around, the Kardashians have also failed to disclose sponsorship on posts promoting Adidas, Lyft, Diff Eyewear, and Alexander Wang.

TINA.org found over 200 posts on Instagram, Facebook, and Snapchat where products are promoted without the Kardashians letting on that their raking in big bucks in exchange. The organization has notified the Kardashians, the brands they represent, and the FTC.

The FTC has recently been cracking down on deceptive influencer marketing, targeting not only the brands, but the influencers themselves.

In April, the FTC sent letters to 46 social media stars reminding them of their legal obligations to disclose, and followed up with 21 letters in September warning the influencers that they had until the end of the month to disclose sponsorships, or face legal consequences.

“The Kardashian/Jenner sisters are masterful marketers who are making millions of dollars from companies willing to turn a blind eye to the women’s misleading and deceptive social media marketing practices,” says TINA.org’s Executive Director Bonnie Patten. “It’s time the Kardashians were held accountable for their misdeeds.”

Ellen Vessels, a Staff Writer at The American Genius, is respected for their wide range of work, with a focus on generational marketing and business trends. Ellen is also a performance artist when not writing, and has a passion for sustainability, social justice, and the arts.

Business Marketing

How one employer beat an age discrimination lawsuit

(BUSINESS MARKETING) Age discrimination is a rare occurrence but still something to be battled. It’s good practice to keep your house in order to be on the right side.

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Jewel age discrimination

In January, the EEOC released its annual accounting for reports of discrimination in the previous year. Allegations of retaliation were the most frequently filed charge, which disability coming in second. Age discrimination cases accounted for 21.4% of filed charges. As we’ve reported before, not all age discrimination complaints rise to the level of illegal discrimination. In Cesario v. Jewel Food Stores, Inc., the federal court dismissed the claims of age discrimination, even though seven (7) plaintiffs made similar claims against the grocery store.

What Cesario v. Jewel Food Stores was about

In Cesario, all but one of the seven plaintiffs had spent years with Jewel Food building their careers. When Jewel went through some financial troubles, the plaintiffs allege that they began to “experience significant pressure at work… (and) were eventually forced out or terminated because of their age or disability.” Jewel Food requested summary judgment to dismiss the claims.

The seven plaintiffs made the same type of complaints. Beginning in 2014, store directors were under pressure to improve metrics and customer satisfaction. Cesario alleges that the Jewel district manager asked about his age. Another director alleges that younger store directors were transferred to stores with less difficulties. One plaintiff alleged that Jewel Food managers asked him about his retirement. The EEOC complaints began in late 2015. The plaintiffs retired or were fired and subsequently filed a lawsuit against their company.

Age discrimination is prohibited by the Age Discrimination in Employment Act of 1967, (ADEA). The ADEA prevents disparate treatment based on age for workers over 40 years old. However, plaintiffs who allege disparate treatment must establish that the adverse reactions wouldn’t have occurred but for age. Because none of the plaintiffs could specifically point to age as the only determination of their case, the court dismissed the case.

A word to wise businesses

Jewel Food was able to demonstrate their own actions in the case through careful documentation. Although there was no evidence that age played a factor in any discharge decision, Jewel Food could document their personnel decisions across the board. The plaintiffs also didn’t exhaust all administrative remedies. This led to the case being dropped.

Lesson learned – Make personnel decisions based on performance and evidence. Don’t use age as a factor. Keep documentation to support your decisions.

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Business Marketing

in 2021 the EU will enforce ‘right to repair’ for phones and tablets

(BUSINESS NEWS) The EU says NO to planned obsolescence by…letting you fix your own stuff? The right to repair has started to make headway again.

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Right to repair

Not to be a loyalist turncoat about it, but sometimes the European Union comes out with stuff that makes me want Texas to go back to being Mexico, and then back to being Spain.

The latest in sustainability news from across the pond is that in 2021, the Old World is saying no to Euro-trash, and insisting on implementing:

Right to repair laws
Higher sustainable materials quotas
Ease of transfer for replaced items (ie: letting you sell your old phone without the need for jailbreaking anything)
and Universal adaptors for things like phone chargers, and connection cables

Hallelujah!

Consumers worldwide have been feeling the pinch of realizing their (cough cough, mostly Apple brand) technology not only breaks easily, but either can’t be fixed afterwards, or requires costly branded repairs.

The phenomenon has given rise to rogue mobile repair shops, Reddit threads, and renegade fix-it philanthropists like Louis Rossman. And while they certainly HELP, the best thing for a problem is to cut it off proactively. Since companies were making too much money not picking up the slack, the EU’s decided to take the steps to force their hands.

I’m always on my soapbox, but I’ll stack another one on top for this: Planned obsolescence and the assumption that a company has any right to tell you you can’t repair, restore, revamp, or re-home your own possessions are obscene. And to be fair to Apple fans, it’s not just in tech—it’s in damn near everything that’s not meant to be EATEN. Literally.

I bought a STAPLER for a volunteer gig I had. A good, sturdy Staedtler one that I figured would serve the project and continue to stand me in good stead for a while. After a few dozen price tags attached to baggies, the stapler jammed, as staplers do. No worries, you find a knife and wedge out the stuck staple…except I couldn’t. Because the normal slot for that was covered by a metal plate literally welded in place so that I couldn’t perform a grade-school level fix on something I paid for less than 24 hours prior.

Rather than stand behind a product that’s supposed to last, companies, even down to simple office ware, have opted to tinker away to force consumers to trash their current products to buy newer ones. Which I did in the stapler case. A rusty second hand one that didn’t HAVE that retroactive BS ‘Let’s create a problem’ plate on it, meaning no company but the resale non-profit I was helping out in the first place got any more money from me.

Consumers are wising up, and fewer lawmakers are still stuck in the fog of the 90s and 2000s surrounding our everyday machinery. The gray areas are settling into solid black and white, and SMART smart-businesses here stateside will change their colors accordingly.

Now while we’re all still quarantined and hoping for these laws to wash up onto American shores…who has craft ideas for the five-dozen different chargers we all have?

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Business Marketing

Uber Eats waives delivery fees during COVID-19 quarantine

(BUSINESS MARKETING) Uber eats has decided to take a friendly helpful step forward while everyone seems to be quarantined, they have started to waive delivery fees!

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Uber eats

With everything canceled, including dining out for social distancing’s sake, food delivery service Uber Eats is waiving delivery fees in an effort to lessen the financial strain local restaurants are experiencing during the COVID-19 pandemic.

According to the company, Uber Eats has more than 100,000 independent local restaurants on its app. In addition to Uber Eats, Grubhub said it will waive commission fees up to $100 million for independent restaurants across the country.

“As more people stay home, local restaurants need your business more than ever. That’s why we’re waiving the Delivery Fee for all orders from every independent restaurant on Uber Eats—more than 100,000 local restaurants on the app,” the company said in a news release earlier this week.

To find the local independent restaurants on Uber Eats, just look for the EAT LOCAL banner. Delivery fees will automatically be waived, according to this story on Tech Crunch.

Uber Eats is also making it easier for locally run restaurants to get paid faster, offering daily payments rather than the normal weekly payouts, according to Endgadget. Also, the company is giving back saying it will provide 300,000 free meals to health care workers and first responders in the US and Canada.

Not only will waiving fees help restaurants and customers, it’s sound business for food delivery companies. Local restaurants drive roughly 80 percent of business on Grubhub.

“Independent restaurants are the lifeblood of our cities and feed our communities,” Grubhub Founder and CEO Matt Maloney said in a statement published on Endgadget. “They have been amazing long-term partners for us, and we wanted to help them in their time of need. Our business is their business — so this was an easy decision for us to make.”

To limit human interaction Uber Eats and other food delivery services, including Grubhub, Postmates, and Instacart, are encouraging users to select the no-contact delivery method. According to Uber Eats, as is the norm, once packed at the restaurant food items are not touched or opened.

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